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1994 Supreme(Cal) 243

Nripendra Kumar Bhattacharyya
Suprabhat Mitra @ Rabin Mitra – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
Amiya Kumar Chowdhury for the petitioner;
Mrs. Alakananda Bose for the State.

Judgment

Nripendra Kumar Bhattacharyya, J.

1. By this revision the petitioner, who is one of the accused persons, namely, Suprabhat Mitra alias Rabin Mitra, has come up for quashing the proceeding being G.R. Case No. 3054 of 1980 arising out of Sankrail P.S. Case No. 10 dated 5.9.80 upon which the Howrah Special Court Case No. 3 of 1991 under Ss. 409/l20B IPC was started. The revision is buttressed on the fact that the Deputy Magistrate and the Deputy Collector as well as the District Planning Officer, Howrah, made a complaint to the Officer-in-Charge of Sankrail Police Station, Howrah, alleging, inter alia,. that one Ex-Block Development Officer, Panchla, withdrew government cash amounting to Rs. 80,000/- from the Ranihati Branch of the Union Bank of India and the• said amount was not entered into the cash book which amonted to misappropriation of the government money. The said amount was alleged to have been withdrawn on 16.8.80 against call deposit receipts. Initially the present revisional petitioner has not been named in the FIR. This complaint and/or information was treated as FIR and on the basis of this FIR the Sankrail Police Station Case No. 10 dated 5.9.80 under s. 409 of









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